[BreachExchange] Avery Center to Pay Patient $853K for Impermissible Data Disclosure

[Destry Winant]

https://healthitsecurity.com/news/avery-center-to-pay-woman-853k-for-impermissible-data-disclosure

The Bridgeport Superior Court ruled the Avery Center of Obstetrics and
Gynecology must pay a former Connecticut resident $853,000, for
releasing the woman’s medical records to her past boyfriend without
her consent.

The lawsuit, filed 11 years ago by Emily Byrne, alleged the
Connecticut-based provider gave her records to the attorneys of her
former boyfriend Andro Mendoza, to comply with a subpoena. Mendoza
accessed those records and determined he was the father of Byrne’s
daughter.

According to the suit, Byrne ended the relationship upon discovering
she was pregnant. But Mendoza used the information he gained from her
medical records to fight for custody of the child, while harassing and
attempting to extort money from Byrne.

The lawsuit argued that Byrne suffered anxiety, trauma, and emotional
stress as a result of the impermissible disclosure of her records.
Those effects heightened when she was harassed with exposure to civil
claims in federal district court, along with Mendoza’s threats of
criminal charges, the suit alleged.

Byrne also claimed she suffered financial loss related to medical
bills and legal fees. According to the lawsuit, Avery Center allegedly
was in breach of contract and negligent, in misrepresentation and
infliction of emotional distress. The lawsuit argued Avery Center also
violated HIPAA in the process.

Avery Center attempted to have the case dismissed, as HIPAA has no
private cause of action. The case was seen twice by the Connecticut
Supreme Court, as a result. However, the judge ruled in January 2018
to allow the case to precede, arguing a patient harmed by a medical
data breach had a tort remedy.

The judge remanded the court to trial, and it was heard in December by
a six-member jury, which ruled in favor of Byrne.

“The case created new law. The Supreme Court ruled a patient has a
remedy for breaches of medical responsibility and that never occurred
before,” Bruce Elstein, Byrne’s attorney, told local news’ outlet
CTPost.